Compilation of the Social Security Laws

DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES

(A) In
general.—For fiscal year 2012[64], the Secretary shall pay to each Indian tribe that has
an approved tribal family assistance plan a tribal family assistance
grant for the fiscal year in an amount equal to the amount determined
under subparagraph (B), which shall be reduced for a fiscal year,
on a pro rata basis for each quarter, in the case of a tribal family
assistance plan approved during a fiscal year for which the plan is
to be in effect, and shall reduce the grant payable under section 403(a)(1) to any
State in which lies the service area or areas of the Indian tribe
by that portion of the amount so determined that is attributable to
expenditures by the State.

(i) In general.—The amount determined under this subparagraph is an amount equal
to the total amount of the Federal payments to a State or States under
section 403 (as
in effect during such fiscal year) for fiscal year 1994 attributable
to expenditures (other than child care expenditures) by the State
or States under parts A and F (as so in effect) for fiscal year 1994
for Indian families residing in the service area or areas identified
by the Indian tribe pursuant to subsection (b)(1)(C) of this section.

(I) In general.—The Secretary shall use
State submitted data to make each determination under clause (i).

(II) Disagreement with determination.—If
an Indian tribe or tribal organization disagrees with State submitted
data described under subclause (I), the Indian tribe or tribal organization
may submit to the Secretary such additional information as may be
relevant to making the determination under clause (i) and the Secretary
may consider such information before making such determination.

(A) In
general.—For fiscal year 2012[65] the Secretary shall pay to each eligible Indian tribe
that proposes to operate a program described in subparagraph (C) a
grant in an amount equal to the amount received by the Indian tribe
in fiscal year 1994 under section 482(i) (as in effect during fiscal
year 1994).

(B) Eligible
indian tribe.—For purposes of subparagraph
(A), the term “eligible Indian tribe” means an Indian
tribe or Alaska Native organization that conducted a job opportunities
and basic skills training program in fiscal year 1995 under section
482(i) (as in effect during fiscal year 1995).

(C) Use
of grant.—Each Indian tribe to which
a grant is made under this paragraph shall use the grant for the purpose
of operating a program to make work activities available to such population
and such service areas or areas as the tribe specifies.

(D) Appropriation.—Out of any money in the Treasury of the United States not otherwise
appropriated, there are appropriated $7,633,287 for each fiscal year
specified in subparagraph (A) for grants under subparagraph (A).

(A) In
general.—The Secretary of Labor shall
award a grant in accordance with this paragraph to an Indian tribe
for each fiscal year specified in section 403(a)(5)(H) for which the Indian
tribe is a welfare-to-work tribe, in such amount as the Secretary
of Labor deems appropriate, subject to subparagraph (B) of this paragraph.

(B) Welfare-to-work
tribe.—An Indian tribe shall be considered
a welfare-to-work tribe for a fiscal year for purposes of this paragraph
if the Indian tribe meets the following requirements:

(i) The Indian tribe
has submitted to the Secretary of Labor a plan which describes how,
consistent with section 403(a)(5), the Indian tribe will use any funds provided under
this paragraph during the fiscal year. If the Indian tribe has a tribal
family assistance plan, the plan referred to in the preceding sentence
shall be in the form of an addendum to the tribal family assistance
plan.

(ii) The Indian tribe
is operating a program under a tribal family assistance plan approved
by the Secretary of Health and Human Services, a program described
in paragraph (2)(C), or an employment program funded through other
sources under which substantial services are provided to recipients
of assistance under a program funded under this part.

(iii) The Indian
tribe has provided the Secretary of Labor with an estimate of the
amount that the Indian tribe intends to expend during the fiscal year
(excluding tribal expenditures described in section 409(a)(7)(B)(iv) (other than subclause (III) thereof)) pursuant to this paragraph.

(iv) The Indian tribe
has agreed to negotiate in good faith with the Secretary of Health
and Human Services with respect to the substance and funding of any
evaluation under section 413(j), and to cooperate with the conduct of any such evaluation.

(i) In general.—Section 403(a)(5)(C) shall apply to funds provided to Indian tribes under this paragraph
in the same manner in which such section applies to funds provided
under section 403(a)(5).

(ii) Waiver
authority.—The Secretary of Labor may
waive or modify the application of a provision of section 403(a)(5)(C) (other
than clause (viii) thereof) with respect to an Indian tribe to the
extent necessary to enable the Indian tribe to operate a more efficient
or effective program with the funds provided under this paragraph.

(iii) Regulations.—Within 90 days after the date of the enactment of this paragraph,
the Secretary of Labor, after consultation with the Secretary of Health
and Human Services and the Secretary of Housing and Urban Development,
shall prescribe such regulations as may be necessary to implement
this paragraph.

(1) In general.—Any Indian tribe that desires to receive a tribal family assistance
grant shall submit to the Secretary a 3-year tribal family assistance
plan that—

(A) outlines the
Indian tribe’s approach to providing welfare-related services
for the 3-year period, consistent with this section;

(B) specifies
whether the welfare-related services provided under the plan will
be provided by the Indian tribe or through agreements, contracts,
or compacts with intertribal consortia, States, or other entities;

(C) identifies
the population and service area or areas to be served by such plan;

(D) provides that
a family receiving assistance under the plan may not receive duplicative
assistance from other State or tribal programs funded under this part;

(E) identifies
the employment opportunities in or near the service area or areas
of the Indian tribe and the manner in which the Indian tribe will
cooperate and participate in enhancing such opportunities for recipients
of assistance under the plan consistent with any applicable State
standards; and

(F) applies the
fiscal accountability provisions of section 5(f)(1) of the Indian
Self-Determination and Education Assistance Act[66] (25 U.S.C. 450c(f)(1)), relating
to the submission of a single-agency audit report required by chapter
75 of title 31, United States Code[67].

(3) Consortium
of tribes.—Nothing in this section shall
preclude the development and submission of a single tribal family
assistance plan by the participating Indian tribes of an intertribal
consortium.

(c) Minimum
Work Participation Requirements and Time Limits.—The Secretary, with the participation of Indian tribes, shall
establish for each Indian tribe receiving a grant under this section
minimum work participation requirements, appropriate time limits for
receipt of welfare-related services under the grant, and penalties
against individuals—

(2) the requirements
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).

(f) Eligibility
for Federal Loans.—Section 406 shall apply to an
Indian tribe with an approved tribal assistance plan in the same manner
as such section applies to a State, except that section 406(c) shall be applied
by substituting “section 412(a)” for “section 403(a)”.

(1) Subsections (a)(1),
(a)(6), (b), and (c) of section 409, shall apply to an Indian tribe with
an approved tribal assistance plan in the same manner as such subsections
apply to a State.

(2) Section 409(a)(3) shall
apply to an Indian tribe with an approved tribal assistance plan by
substituting “meet minimum work participation requirements established
under section 412(c)” for “comply with section 407(a)”.

(h) Data Collection
and Reporting.—Section 411 shall apply to an
Indian tribe with an approved tribal family assistance plan.

(1) In general.—Notwithstanding any other provision of this section, and except
as provided in paragraph (2), an Indian tribe in the State of Alaska
that receives a tribal family assistance grant under this section
shall use the grant to operate a program in accordance with requirements
comparable to the requirements applicable to the program of the State
of Alaska funded under this part. Comparability of programs shall
be established on the basis of program criteria developed by the Secretary
in consultation with the State of Alaska and such Indian tribes.

(2) Waiver.—An Indian tribe described in paragraph (1) may apply to the
appropriate State authority to receive a waiver of the requirement
of paragraph (1).

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